AGUIRRE v. HE GIN LEE ARCHITECT, PC

Full title: GUSTAVO AGUIRRE, Appellant, v. HE GIN LEE ARCHITECT, PC, Respondent

Court: Appellate Term of the Supreme Court of New York, Second Department

Date published: Feb 28, 2006

2006 N.Y. Slip Op. 50295 (N.Y. App. Term 2006)

816 N.Y.S.2d 693

Opinion

2005-618 QC.

Decided February 28, 2006.

Appeal from a judgment of the Civil Court of the City of New York, Queens County (Anna Culley, J.), entered March 31, 2005. The judgment, after a nonjury trial, dismissed the action.

Judgment affirmed without costs.

PRESENT: PESCE, P.J., WESTON PATTERSON and BELEN, JJ.

In this action seeking to recover architectural fees paid to the defendant, upon a review of the record on appeal, it is our opinion that the court's findings of fact and conclusions of law were reached upon a fair interpretation of the evidence ( see Claridge Gardens v. Menotti, 160 AD2d 544). Furthermore, "a trial court's resolution of questions of credibility is particularly within its domain and should not be disturbed on appeal if supported by the record" ( Vizzari v. State of New York, 184 AD2d 564, 564; Kincade v. Kincade, 178 AD2d 510, 511).

Pesce, P.J., Weston Patterson and Belen, JJ., concur.